GENERAL TERMS AND CONDITIONS (GTC) OF ACCOMMODATION DUE VILLAS

(from now on referred to as “Terms and Conditions”)

I. Basic provisions

Accommodation is provided in individual DUE VILLAS apartments.

DUE VILLAS offers 3 apartments that are rented separately (unless otherwise agreed):

  • Apartment No. 1/ OLIVA on the floor is designed for 4 people (each person is considered a person, including children over 3 years old who need a separate bed). It consists of 2 bedrooms, a living room with a kitchen and a dining room, a bathroom with a toilet, a separate toilet, and a terrace with outdoor seating. The apartment includes an outdoor grill, solar shower, swings in the garden, sports equipment, a sauna, a swimming pool, and a whirlpool.
  • Apartment No. 2/ LAVANDA on the first floor is designed for 6 people (each person is considered a person, including children over 3 years old who need a separate bed). It consists of 3 bedrooms, a living room with a kitchen and a dining room, a bathroom with a toilet, a separate toilet, and a terrace with outdoor seating. The apartment includes an outdoor grill, solar shower, swings in the garden, sports equipment, a sauna, a swimming pool, and a whirlpool.
  • Apartment No. 3/ ROSEMARY on the ground floor is designed for 6 people (each person is considered a person, including children over 3 years old who need a separate bed). It consists of 3 bedrooms, living room, kitchen with dining room, 3 bathrooms with toilet, separate toilet. The apartment has a terrace with seating, a dining table, an outdoor kitchen with a grill, sports equipment, a solar shower, a swimming pool, a jacuzzi, sauna.

(from now on referred to as “Apartments” or individually “Apartment”).

 

The operator of the accommodation in the Villa is IMMO MARE d.o.o., Headquarters: Ulica Matije Gupca 29, 23000 Zadar, Republic of Croatia, Reg.No. (MBS): 080611837, Reg.No. (OIB): 36952420888, VAT No.: HR36952420888

(from now on referred to as ‘the Operator‘)

 

Accommodation in Apartments is provided by the operator to its clients by these Terms and Conditions (from now on referred to as “Accommodation Services”).

For these Terms and Conditions, a client is a natural person and/or a legal entity who, with the operator or based on his confirmed order, the Accommodation intermediary will conclude a contract for the provision of accommodation services in one of the Apartments, as well as each person, registered to stay in the Accommodation (hereinafter referred to as “client/clients“).

 

II. Conclusion of a contract for the provision of Accommodation Services

The contract for the provision of accommodation services between the operator and the client is concluded at the moment of confirmation of the client’s order by the operator or intermediary (hereinafter referred to as the “order”). By confirming the client’s order, the operator undertakes to provide the client and the persons mentioned in the order with accommodation services for the agreed price, or the price set by the price list. Together with the confirmation of the order, the operator will also send the client the form “Client data form – E-VISITOR” for filling in data about the client and the persons to whom accommodation services will be provided. At the same time, by sending the order and the completed form, the client acknowledges that the provision of Accommodation Services by the operator in the Accommodation is governed by these Terms or the conditions of the intermediary, if he has confirmation of the order with the intermediary of the Accommodation Services.

 

The operator and the client will mutually deliver all written correspondence about the order, its confirmation and any other contractual arrangements and their changes primarily via electronic mail.

 

III. Terms and Conditions of Accommodation Services

Unless otherwise agreed individually based on the client’s order, the operator will allow the client and persons registered as clients to enter the Accommodation at 4:00 p.m. on the agreed day of commencement of the provision of Accommodation services by the order. If the client is interested in checking in at a later time, the operator has the right to charge an administrative fee of EUR 20.

 

If the client does not arrive at the accommodation by 8:00 p.m. on the day of the client’s agreed arrival, the operator is entitled to provide accommodation in the Apartment to another client.

 

When starting a stay, every person older than 16 years are required to show a valid identity document (OP or PAS) – documents that were also entered in the form “Client data form – E-VISITOR”. For persons under the age of 16, personal data is reported by parents or authorized adults. If, for any reason, the client refuses to show a valid identity card or passport, he cannot be provided with accommodation by the operator.

 

After taking up accommodation in the Apartment, the client is obliged to report any deficiencies, defects, damages or accommodation reservations and other details to the operator or his authorized person who handed him the keys to the accommodation, and write them in the Acceptance Protocol, otherwise the operator will not consider them as defects in the provision of accommodation services.

 

Pets are not allowed in the Apartments. Accommodation in the Apartments is also not suitable for groups of young people for entertainment and celebrations.

 

The client and all persons who boarded the accommodation with him are obliged to observe night silence after 10:00 p.m. during the provision of Accommodation Services. and strictly observe the ban on smoking in the Apartments. If the operator discovers a violation of the above prohibitions by the client and the persons staying with him (pet, smoking, violation of the night’s peace), the operator has the right to charge the client a fine of EUR 100 for each violation and at the same time is liable to the operator for the damage caused in the Apartments by such action.

 

Unless otherwise agreed individually based on the client’s order, the client is obliged to leave the accommodation no later than 10 o’clock on the day agreed as the end of the provision of Accommodation Services by the order and to hand over the keys and other entrusted items to the operator for use during the stay. If the client does not leave the accommodation within the specified time and does not hand over the keys and other things to the operator, the operator is entitled to charge the client an administrative fee of EUR 20 for each hour of the client’s delay in vacating the accommodation and handing over the keys.

 

If, after the end of the provision of Accommodation Services and the handing over of the keys to the Accommodation to the client, the operator discovers damage to the Accommodation that was not reported by the client after entering the Accommodation, the client is fully responsible for these damages and is obliged to cover them at his own expense; for these purposes, the deposit paid by the client before entering the Accommodation will be used. If the value of the damage to the Accommodation is higher than the deposit made by the client, the client is obliged to pay the damage exceeding the amount of the deposit based on the invoice issued by the operator, otherwise according to the conditions for compensation of damage according to Article VIII. of these Terms.

 

The client’s found belongings after the end of the stay are sent to the client at the client’s expense if the client requests it. If the client, despite the operator’s information and invitation to take over the items, does not request that they be sent at his own expense, nor does he pick them up in another way, the operator is entitled to dispose of them or hand them over to the relevant public administration body in the case of their considerable value.

 

When using the Accommodation Services, the Client has the opportunity to borrow sports equipment provided by the operator, such as paddle boards, windsurfing, kayaks, petanque, bicycles, ping pong, and others (hereinafter referred to as “sports equipment”), for a pre-agreed rental period at a price determined according to these Terms and Conditions. If, after the end of the loan period, the client has not returned the sports equipment in the condition in which he received it from the operator, the operator has the right to charge the client a fine of EUR 100 for each day of non-return of the sports equipment, and at the same time, the client is liable to the operator for damage caused by damage to the sports equipment in full extent.

 

If, after the end of the provision of Accommodation Services and the return of the borrowed sports equipment, the operator discovers damage to the sports equipment that was not reported to the client when it was taken over, the client is fully responsible for this damage and is obliged to pay for it at his own expense; for these purposes, the deposit paid by the client before starting the accommodation will be used. If the value of the damage to the sports equipment is higher than the deposit made by the client, the client is obliged to pay the damage exceeding the amount of the deposit based on the invoice issued by the operator.

 

IV. Price List of Accommodation Services

The client for accommodation in the Apartment pays the prices according to the price list valid at the time of the conclusion of the contract for the provision of Accommodation Services, which is published by the operator on the website www.duevillas.com and forms an inseparable annex to these Conditions, if it was not between the client and the operator or another price agreement concluded by the intermediary based on the confirmed order.

 

The prices for accommodation services listed in the attached price list are final and include value-added tax by applicable legal regulations.

 

Except for the price for accommodation services, the client is also obliged to pay:

 

  • tourist tax, for each person staying in the Apartment according to the currently valid legislation in Croatia in the appropriate amount determined by the tax administrator. This is billed to the client according to the duration of the provision of Accommodation Services unless otherwise agreed;
  • deposit, which is used to pay for possible damage to the Apartment and sports equipment by the client;

 

Based on the order confirmed by the operator (from now on referred to as the “reservation”), the client is obliged to pay 100% of the price of the accommodation services (from now on referred to as the “price”) before entering the accommodation.

The client pays the price for accommodation services:

  • by cashless transfer to the operator’s bank account – account name: IMMO MARE, IBAN: HR9124890041131210310, SWIFT (BIC): VBVZHR22, held at: J&T banka d.d.

 

If the client booked Accommodation Services through an intermediary (booking.com and others), the client is obliged to pay the price for the provision of Accommodation Services by cashless transfer by the conditions set by the intermediary.

 

The client is obliged to pay the price for the accommodation within 5 (five) working days from the date of confirmation of the reservation, no later than 3 (three) working days before the first day of accommodation in the Apartment. Otherwise, the operator is entitled to cancel the reservation and provide Accommodation services in the reserved period to another client. He is also entitled to demand from the client interest on delay for each day of delay, including the beginning, in the amount of 0.05% of the owed amount.

 

The client is obliged to pay the deposit and tourist tax in the amount determined by the tax administrator at the time of check-in, in cash no later than on the first day of check-in, if it was not paid in advance together with the price for the accommodation services.

 

If the deposit is not used during the provision of Accommodation Services and after its termination to cover possible damage to the Apartment and/or its equipment and/or sports equipment by the client, the deposit will be returned to the client in cash on the last day of accommodation. If part of the deposit is used to cover the damage incurred by the client, the remaining part of the deposit will be returned to the client no later than 5 working days from the day of the end of the stay in the Apartment in cash or to the client’s bank account from which the price for the accommodation was paid. If the deposit was paid in cash upon check-in, it will be returned to the client in cash when the client ends the stay and hands over the keys and other accessories from the Apartment to the client.

 

In addition to the Accommodation Services, the client can also use sports equipment rental services for the following fees: EUR 100/stay, which the client pays directly to the operator when renting sports equipment exclusively while using the Accommodation Services, or when ordering the Accommodation Services.

 

V. Conditions for cancellation of ordered Accommodation Services

The client has the right to withdraw from the contract for accommodation services without giving a reason, within 24 hours of concluding the contract for accommodation services, in which case the client is entitled to a refund of the full accommodation price, if it has already been paid by the client, except the so-called last minute tours booked less than 48 hours before the client arrived at the Accommodation.

 

If the client withdraws from the contract for accommodation services more than 60 days before the agreed start of the client’s arrival at the accommodation, stating the reason for withdrawing from the contract for accommodation services, the client is entitled to a refund of the full price for the accommodation, if it has already been paid by the client, no later than 30 days from the date of notification of the cancellation of the Accommodation reservation and stating the reason for this cancellation, with the exception defined in Article VI. of these Terms.

 

If the client withdraws from the contract for accommodation services less than 60 days before the agreed start of the client’s arrival at the accommodation, the operator is entitled to payment of a contractual penalty for cancellation of the ordered accommodation in the amount of 50% of the price of the accommodation (hereinafter referred to as “cancellation”). In that case, the price of the Accommodation paid to the client after deducting the cancellation will be returned to the client no later than 30 days from the date of notification of the cancellation of the Accommodation reservation by the client and stating the reason for this cancellation, with the exception defined in Article VI. of these Terms.

 

If the client does not enter the Accommodation on the day agreed as the client’s arrival at the Accommodation without prior notification, the operator is entitled to payment of the full price of the Accommodation in the amount of 100%. In that case, the price paid for the Accommodation will not be returned to the client, with the exception defined in Article VI. of these Terms.

 

The operator has the right to withdraw from the contract for accommodation services in case of force majeure, i.e. an obstacle that occurred independently of the will of the operator and which prevents him from fulfilling the obligation to provide the client with Accommodation Services to the agreed extent. Likewise, the operator has the right to withdraw from the contract on Accommodation Services and to shorten the client’s agreed to stay in the Accommodation if, despite a warning from the operator or a person authorized by him, the client grossly violates good manners or otherwise grossly violates his obligations when staying in the Apartment. In that case, the operator has the right to payment of the price for part of the provided Accommodation Services.

 

By withdrawing from the contract on accommodation services, all rights and obligations of the operator and the client from the contract cease, except for the right to compensation for damages and contractual fines.

VI. Special conditions in connection with COVID-19

The client undertakes to fully comply with all the regulations and restrictions adopted by the relevant state authorities to prevent the spread of the viral disease COVID-19 after taking up accommodation (in particular, but not only, the obligation to wear masks, wash hands, observe social distancing, use necessary disinfection, and so on). The client acknowledges that he is obliged to prove to the operator a negative test for COVID-19 no older than 48 hours or a vaccination against COVID-19 (if the necessary time has already passed after vaccination with the required number of vaccines) according to its type) according to the generally binding regulations of the competent authorities to prevent the transmission of the spread of the viral disease COVID-19 valid at the time of arrival at the accommodation.

 

The client acknowledges that in the event that a fine is imposed on the operator by the competent authorities because the client did not comply with valid regulations in the accommodation, the client is obliged to compensate the operator for the resulting damage in full.

 

Measures taken by the relevant state authorities in connection with the prevention of the spread of the COVID-19 disease, which prevent the operator from providing Accommodation Services and/or the client from the agreed arrival at the accommodation, are considered force majeure. If the reasons are on the client’s side, the client is obliged to reliably show the operator a document proving a positive test for COVID-19 of the client or one of the reported persons for accommodation, or another complication on the client’s side. In that case, the operator will allow the client to transfer the reservation free of charge to another date chosen by the client and approved by the operator within 6 months from the date of the original reservation; in the event of a price change due to a change of date, the client is obliged to pay the price difference.

 

If it is not possible for the operator and/or the client to find another suitable date for rescheduling the client’s reservation within the specified period, the operator will refund the client the price paid for the accommodation in full or allow the reservation to be moved to a later date based on its own decision.

 

VII. Compensation

The client is not authorized to make any substantial changes in the premises of the Apartments and its surroundings without the consent of the operator, otherwise, he is liable to the operator for the damage caused in the Apartment by such actions.

 

If, after the end of the provision of Accommodation Services, the operator discovers damage to the Apartment and/or its equipment and/or surroundings and/or borrowed sports equipment, which were not reported by the client after entering the accommodation, or when taking over the borrowed sports equipment, he is responsible for these damages the client is fully responsible and is obliged to pay them at his own expense; for these purposes, the deposit paid by the client before starting the accommodation will be used. If the value of the damage to the accommodation or borrowed sports equipment is higher than the deposit made by the client, the client is obliged to pay the damage exceeding the amount of the deposit based on the invoice issued by the operator.

The operator is in no way responsible for the loss and/or damage of valuables brought by the client to the accommodation, as well as for damage to the client’s motor vehicle parked at the accommodation.

 

VIII. Effectiveness of the Terms

These terms and conditions come into force on 01.03.2022 and are part of each contract for the provision of Accommodation Services.